MODULE 14. DEVELOPING THE LEGAL FRAMEWORK FOR THE IMPLEMENTATION OF A NATIONAL MECHANISM TO DELIVER COORDINATED SPFS

Objective

This module is dedicated to discuss the importance and content of a legal framework for the implementation of a SWS or similar mechanism to coordinate and deliver the SPFs.
In its second part, the module introduces some insights based on the experience of implementing such a mechanism in Cambodia.

Finally, a third part of the module elaborates on the methodology to develop the adequate legal framework for the implementation of the mechanism.

 

Key questions

1. Why is there a need for a legal framework to deliver social protection?
2. What are the international references and guiding principles?
3. What is required in the specific case of mechanisms to deliver coordinated SPFs?
4. How to ensure the enforcement of the mechanism?
5. How to proceed to develop the legal framework?

Take away message

A legal framework for social protection entitlement and its implementation fulfils important purposes. Not only it gives a clear and legal mandate to the State to provide social protection benefits, but it also gives expression to the principle that social security is a Human Right. Such a legal framework further gives clarity to the people about:

• the specific benefits that may be available to them;
• the criteria they have to meet in order to qualify for such benefits;
• the procedures that need to be followed in order to access these benefits; and
• complaints and appeal mechanisms available to them, should they be dissatisfied by a decision of the relevant institution in charge of paying social assistance benefits.

When it comes to the SWS or similar mechanism to deliver the SPFs, the legal framework is not only a necessity to protect beneficiaries but also to state and enforce clear rules on the delivery system and constraint service providers to join the mechanism.

International and regional standards play a prominent role in determining the scope and content of social protection as well as the system to deliver the benefits. This is so because these standards serve as a benchmark, which countries can use to establish, develop and improve their social protection systems. These standards are also an expression of the fact that access to social protection is a human right

Implementation aspects are also envisioned by R.202 which stipulates that impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Additionally, the recommendation sets as a principle to ensure coherence across institutions responsible for the delivery of social protection benefits, and high-quality public services that enhance the delivery of social security systems.

There are basically three objectives to be completed by the mechanism’s legal framework:

• Enforce the mechanism and its governance;
• Define the delegation of service from line ministries and social protection organizations to the mechanism; and
• At operational level, Memorandum of Understanding with service providers to define the operational coordination and collaboration.
   

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